Sudhir v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1813 of 2023 Applicant :- Sudhir Opposite Party :- State of U.P. Counsel for Applicant :- Aditi Srivastava,Kandarp Srivastava,Swati Agrawal Srivastava Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma, J.

¶1Heard Ms. Swati Agrawal Srivastava, learned counsel for the applicant, learned AGA for the State-opposite party and perused the record.

¶2The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 433 of 2022, under Sections 420, 467, 468, 471, 120-B, I.P.C, Police Station-Sector-20, District-Gautam Buddh Nagar, during the pendency of trial.

¶3Learned counsel for the applicant submitted that the applicant has been falsely implicated in the instant case by the first informant with ulterior motive and mala-fide intention. The applicant is quite innocent and he has not committed any offence. The applicant is neither involved in fraud and cheating nor he has fabricated any forged document. There is no public or independent witness in the present case, who has assigned any allegation upon the applicant. The applicant has no criminal history in his credit. Learned counsel for the applicant has lastly submitted that the applicant is in jail since 13.10.2022. In case, he is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant-Sudhir, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 6.12.2023 Vinod. High Court of Judicature at Allahabad